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Schwartz Perry & Heller LLP Wrongful Termination

Wrongful Termination Attorney in New York City

Can You Be Fired for No Reason In NYC?

The labor laws regarding termination in New York do not make it a “right to work” state meaning that you can be fired for no reason. The term “wrongful termination” is misleading because in New York and most other states, without a written agreement for a specific term, employment is “at will.” The NY law allows your employer to fire you on a whim or for a totally arbitrary reason. This makes New York an at-will employment state.

This means that employers can fire or terminate you for any reason, or for no reason at all, unless:

  • (1) Your rights are protected under employment discrimination laws. Employers cannot discriminate against you on the basis of age, sex or gender, race, national origin, disability or perceived disability, pregnancy status, marital status, or sexual orientation.
  • (2) You have an employment contract, either written or implied, with the employer, who agreed that you cannot be fired without just cause for a specific period of time. The terms of the contract will usually determine the reasons for which you can be fired.

Otherwise, employers may terminate employees for any reason or for no reason. Employers may fire you if they don’t like you, or even if they just don’t like the clothes you’re wearing. In other words, it is not illegal for employers to be “mean” or to be “wrong” when they fire you.

To schedule a consultation with our experienced New York wrongful termination lawyer, call (646) 490-0221 or fill out our online form today!

What Are Examples of Wrongful Termination In NYC?

  • Employment Discrimination - New York State and federal laws prohibt discrmination because of an employee's protected class such as race, religion, gender, disability, etc. That includes termination of said employment. If you experienced a pattern of discriminating behavior up until or even after you were fired, you may have a case for wrongful termination.
  • Retaliation - Employer retaliation can take many forms but wrongful termination is one of the most effectuve. An employer might fire you for filing a workers' comp claim after an injury. Your boss might want to get rid of you after you rebuffed his sexual advances. Or you might be terminated for becoming a whistleblower.
  • Pregnancy - A pregnant employee's position at their company is protected while on FMLA leave, however, that does not stop some employers from trying to skirt around federal regulations. If you were fired after reporting your pregnancy or soon after you returned to work, you might have a case for wrongful termination.

Do I Have a Case for Wrongful Termination?

Wrongful termination means firing someone because of their race, religion, gender, disability status, or membership in another protected category, or firing someone as a form of retaliation. If you believe to have been fired from your job for any of those reasons contact Schwartz Perry & Heller LLP.

What Damages Can You Recover from a Wrongful Termination Case?

In a wrongful termination case, individuals who believe they have been unjustly dismissed from their employment may seek to recover various damages as a result of the adverse actions taken against them. While the specific damages awarded can vary depending on the circumstances of each case and the applicable laws, there are several common types of damages that may be sought in such legal proceedings:

  • Back Pay and Front Pay: Back pay refers to the wages and benefits the terminated employee would have earned from the date of termination until the resolution of the case. This includes any salary, bonuses, and other compensation they would have received.
  • Front pay is similar but covers the future earnings and benefits that the employee may have expected had they continued working for the employer.
  • Reinstatement: In some cases, a court may order the reinstatement of the wrongfully terminated employee to their former position. Reinstatement aims to place the employee back in the same or a similar position they held before the termination.
  • Compensatory Damages: These damages are intended to compensate the employee for any losses suffered as a direct result of the wrongful termination. This may include damages for emotional distress, mental anguish, and other non-economic harm caused by the termination.
  • Punitive Damages: Punitive damages are awarded to punish the employer for particularly egregious or malicious conduct leading to the termination. These damages are not intended to compensate the employee but rather to deter similar behavior in the future.
  • Legal Fees and Costs: Successful plaintiffs in wrongful termination cases may be entitled to recover reasonable attorney fees and legal costs incurred during the litigation process. This provision is designed to alleviate the financial burden on the wrongfully terminated employee seeking justice.
  • Benefits: Wrongfully terminated employees may seek compensation for lost or diminished benefits such as health insurance, retirement contributions, stock options, and other perks that would have been available had the employment relationship continued.
  • Training or Rehabilitation Costs: If the termination hinders the employee's ability to secure comparable employment, the court may award damages for retraining or rehabilitation expenses to enhance the individual's employability.

How Can A New York Wrongful Termination Lawyer Help You?

If you feel that you or someone you care about was unfairly fired, a wrongful termination attorneys can thoroughly examine your case and let you know the best route available for you to take, together with your attorney.

  • Paperwork: Your attorney will file and take care of the paperwork involved with your case and will ensure that everything is completed correctly
  • Evidence: Your attorney will gather important evidence that is required to support your case and help you win a favorable outcome
  • Legal Advise: Your attorney will provide you with valuable legal information to protect your rights and future
  • Legal Experience: Your attorney is a legal expert who knows the ins and outs of the legal system, and will be able to offer you the support that you need
  • Examination: Your attorney will thoroughly examine your case and provide you with the best legal strategy to take moving forward (e.g. breach of contract or a wrongful discharge lawsuit)

Don't let yourself doubt your current employment situation. Speak with one of our experienced attorneys today, and let us provide you with the legal support and guidance that you need during this challenging time. Contact our wrongful termination attorneys in NYC today to schedule a free consultation, and to learn more information about how a lawyer will be able to assist you. We have helped many individuals struggling for clarity after being fired, and we are eager to fight for you.

Call Our New York Wrongful Termination Lawyers

If you believe you have been fired for questionable reasons that may constitute employment discrimination or a breach of contract, then consider discussing your concerns with a New York wrongful termination lawyer.

Why Choose Schwartz Perry & Heller LLP?

  • More than 100 years of combined legal experience
  • Selected for Super Lawyers® multiple times
  • Members of the Million Dollar Advocates Forum®
  • AV® rated by peers for ethical standards and legal skill

Schwartz Perry & Heller LLP was one of the very first New York law firms to focus on employment law. Every day we uphold a legacy of exceptional representation for workers who have faced discrimination and wrongful termination. Please don’t hesitate to see how we can help you assert your legal rights.

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Contact Schwartz Perry & Heller LLP online or at (646) 490-0221 to schedule your free initial consultation!

Schwartz Perry & Heller LLP

Why Choose Schwartz Perry & Heller LLP?

  • 100+ Years of Collective Experience
  • Personalized & Compassionate Service
  • Award-Winning Legal Counsel
  • A Track Record of Success
    "Always available, conscientious and extremely knowledgeable."

    Outstanding lawyer. Always available, conscientious and extremely knowledgeable. Excellent at following-up both with his clients and with opposing counsel. Regardless of the size of the case, Brian will put in the work and always treat his clients with the utmost professionalism and respect.

    - N.W.
    "I trusted them entirely."

    I received the most compassionate and professional assistance from SP&H. I felt that Mr. Heller truly cared about me and the situation I was in. He was able to be my voice during a difficult time. He responded promptly to any correspondence, took the time to explain to me any questions or concerns, and helped ease any kind of stress that I had during a dispute with a previous employer. I highly recommend this firm. You are not just a number, they treat you like family. I trusted them entirely. I thank you from the bottom of my heart for all of your devoted time and effort in my legal matter.

    - A.M.
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    Schwartz, Perry & Heller, LLP are the most skilled Lawyers for your discrimination case in the Tri-State area. Their integrity, personal attention, and knowledge are superior. They won my case and can win yours. Nothing beats the best.
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    Davida Perry and Brian Heller are very caring, attentive and highly skilled negotiators who gave me expert representation to win my negotiation and achieve my goals.
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    New York, NY
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    Amazing team of Attorneys. From day 1 of the consultation to the very end I felt like the most important client to the firm. Brian Heller who I dealt with personally was amazing. Whether it was a call or email responses were very prompt and I was kept informed every step of the way. Even a few calls just to check in and say hello. Truly an incredible experience and I would recommend them to anyone seeking justice. If they take your case they will fight with you to the end. A+
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    "We remain tremendously grateful for his support and look forward to working with him again."
    On short notice, Brian Heller reviewed contracts with complex international dimensions and found important discrepancies that I and other senior-level executives had missed completely. He was fast, thorough, and detail-oriented in providing pragmatic advice that enabled us to be sure that we were getting the fairest and best possible treatment under the law. We remain tremendously grateful for his support and look forward to working with him again.
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    "Davida Perry not only did an amazing job calming down my nerves but she fought for me tooth and nail and did a great job securing what my past employer owed me."
    After having a terrible experience at my last job, facing the anxiety again of having to rehash the treatment was daunting. Davida Perry not only did an amazing job calming down my nerves but she fought for me tooth and nail and did a great job securing what my past employer owed me. I won’t lie, there were moments I wanted to give up, but Davida was always there to help me stay focused and realize that I didn’t need to let them win. She was really great at countering all of their arguments, I pity anyone that would try to prove her wrong. She thought of everything we need and kept me constantly updated. Mostly what I appreciated about Davida was her kindness, and her genuine care for my mental health. She wanted to make sure I was taking care of myself during a very trying time. I cannot recommend this firm enough. They all clearly care about their clients and want to do best for you. Don’t be afraid to stand up for yourself, and if you’re worried about the challenges that lie ahead be sure to team with Schwartz Perry & Heller, they will have your back and fight for justice.
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    Brian was extremely helpful and responsive it helping me review my first ever separation agreement. He was able to explain the legalese in a way that allowed me to understand the risks I could be taking on down the road. After speaking to him, I was able to negotiate to include additional language in my agreement that will protect my future career. He was nothing but professional and incredibly responsive. I can't recommend him enough.
    - Former Client